Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

EB1A for a PhD student


I am a PhD student in NY with a MS degree from US (total 7+ years in US at this time). I am graduating in May 2015 and want to get my Green Card before that. I am an Indian citizen on F1 visa which is valid for another 3 years. Also have all my OPT time remaining (29 months). 

I have two questions:

1. I have 10 first author papers and another 10 co-author papers all in peer-reviewed well reputed journals. I have reviewed papers for 4-5 reputed journals too. I have close to 70 citations as per Google Scholar. I think this makes me qualified for EB1A. Am I right? 

2. How long does it take to make the application? I am being advised by everyone to go to an attorney for my GC application but I dont have the money to afford any. Plus I think with your help, I can figure this out.

Thanks so much for the help! 

One Response to EB1A for a PhD student

  • GCforPhD says:


    1. You satisfy the required statutory USCIS EB1A requirements with the mentioned three criteria. In addition to these you also need to provide evidence for two conditions that show you have extraordinary ability. Essentially you need to show you are among the top few percent in your research field and your work has sustained national or international acclaim. With your credential it should be possible for you to show these with the help of recommendation letters and citations of your work.

    2. As you probably know GC application includes the I-140 and I-485. For EB1A you can see the current processing times in the USCIS web page. They are typically 3-4 mo each. We are hearing about I-140 approvals form applicants (using our packets) who applied in June/July. Self-petitioning is very possible in your case. We also offer a review service where we review a petition prepared by applicants.

    We wish you best of luck.

    Best wishes

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